Identifier
Created
Classification
Origin
05BAGHDAD2872
2005-07-08 13:40:00
CONFIDENTIAL//NOFORN
Embassy Baghdad
Cable title:  

TALABANI TO CODEL LEVIN: CONSTITUTION CAN BE READY

Tags:  PREL PGOV MOPS PTER IZ 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002872 

SIPDIS

NOFORN

E.O. 12958: DECL: 07/08/2025
TAGS: PREL PGOV MOPS PTER IZ
SUBJECT: TALABANI TO CODEL LEVIN: CONSTITUTION CAN BE READY
ON TIME


Classified By: Political Counselor Robert Ford.
Reasons 1.4 (B) and (D).

C O N F I D E N T I A L SECTION 01 OF 02 BAGHDAD 002872

SIPDIS

NOFORN

E.O. 12958: DECL: 07/08/2025
TAGS: PREL PGOV MOPS PTER IZ
SUBJECT: TALABANI TO CODEL LEVIN: CONSTITUTION CAN BE READY
ON TIME


Classified By: Political Counselor Robert Ford.
Reasons 1.4 (B) and (D).


1. (C) SUMMARY. In his July 6 meeting with CODEL
Levin, President Talabani predicted that the
constitution could be completed on time as long as the
constitution committee uses the Transitional
Administrative Law (TAL) as the basis. He also
favored using the same single-district electoral
system for the next elections. Talabani noted
detainees in U.S. and Iraqi custody continue to pose
problems; he opined that many are innocent and
languishing in prison. Talabani will decline Syria's
invitation to visit Damascus unless Syria first takes
concrete steps to condemn terrorism, control
infiltration, and seize Iraqi Ba'athist's financial
assets in Syria. Talabani underscored the need for a
comprehensive agreement to draw down Coalition troops
as Iraqi troops stand up. END SUMMARY.

-------------- --------------
Constitution Must Be Based on TAL To Make Deadline
-------------- --------------


2. (C/NF) President Talabani told Levin July 6 the
constitution could be completed on time as long as it
is based on the Transitional Administrative Law.
Although he praised the process as now more inclusive
with the additional Sunni members, Talabani feared the
Sunnis would push for a greater emphasis on Islam--as
the "main source" rather than "a source" of law.
Federalism is accepted by all and will likely be
applied to other parts of Iraq besides the North,
noted Talabani. He said Ayatollah Ali as-Sistani
reportedly prefers a strong, single federal region in
the south to guard against Iranian interference.

--------------
Prefers Single District Electoral System
--------------


3. (C/NF) Talabani said he favored a single district
vice multiple district structure for the next
elections, thus keeping the system used in the January
2005 elections. Talabani believed minorities, such as
the Yezidis and Christians (and arguably the Kurds,
although he did not mention them) would fare better in
a national list so they could pool their votes.

Talabani also opined that elections are the best way
to redress the limited Sunni Arab participation in the
process. Sunni Arab community cleavages make it
difficult to discern representative leaders. The only
established representative is the Iraqi Islamic Party,
continued Talabani, however not all Sunnis not accept
them. Further, the government's discussions and
negotiations with the newly formed National Dialogue
Council had raised the ire of many tribal shaykhs and
various groups who complained the group does not
represent Sunni Arabs. Sunni Arabs constantly
complain about the needs of ex-military officers,
observed Talabani. He added that Sunnis needed jobs
programs and other assistance.

--------------
Languishing Detainees, Poor Coordination
--------------


4. (C/NF) Talabani noted the detainee issue was a
frequent problem coming to his attention. British
Parliamentarian and human rights envoy Ann Clywd often
sends him letters of the status of various detainees.
Talabani complained many detainees are innocent and
languishing in prison. Talabani averred the Minister
of Justice is new and learning, but the processes of
detainee transfers from the USG to ITG and of trials
are slow and require better coordination. Talabani
said he met yesterday with Janabi tribal leaders and
subsequently requested the release without trial of
the tribal leaders' list of 150 individuals. To
Levin's expression of concern about the issue of a
release without proper trial, Talabani replied, "There
is nothing against these individuals".

--------------
Talabani on Syrian President's Invitation
--------------


5. (C/NF) Talabani said Syrian President Bashar
invited him to Damascus, a proposal he is considering.
He explained that he would not make such a trip unless
Syria promised to deliver in three areas. First,
Syria must change the tune of its media to one that
condemns terrorism and supports the Iraq's democratic
process. Second, Talabani wants "deeds, not words";
Syria must take concrete steps to control infiltration
from along the border. Third, Syria must cooperate
and seize financial assets (e.g., funds in the hands
of Baathists) belonging to the Iraqi government that
are in Syria. Talabani mentioned the large amount of
Ba'thists working from there. The Syrians are
pledging to take action and issue a joint communiqu7
of cooperation. (Note: Talabani's Chief of Staff
later told PolCouns that he was dubious Syria's verbal
commitment would translate into actions. End Note.)
-------------- --------------
Need for Comprehensive Plan for Transition to ISF
-------------- --------------


6. (C/NF) Responding to Levin's question about the
presence of Coalition troops, Talabani said that a
transition to Iraqi security forces must be done
according to Iraqi readiness and not pressure from
terrorists. Talabani admitted to not knowing the
status of Iraqi forces or their ability to take over
security in cities, but opined it would be better for
Coalition troops to leave the cities. Talabani
believed a real status of forces agreement should wait
until the next government, but he acknowledged there
must be a comprehensive plan to stand up Iraqi troops
as Coalition troops stand down.


7. (C/NF) Talabani preferred the U.S. remain in Iraq
to ensure the continuation of the democratic process
since many Sunni Arabs are hoping to bring back a
dictatorship. Coalition troops help prevent
international interference, he added. "The neighbors
are already interfering; imagine how much worse it
would be if you left?" However, Talabani appealed for
Coalition troops to be more careful in dealing with
the people. The President cited the case of a recent
prominent individual and friend of Talabani's, who was
shot at a Coalition checkpoint, but they had avoided
publicizing the incident to avoid embarrassing the
Coalition.


8. (C/NF) Finally, Levin sought Talabani views on
capital punishment. Talabani admitted he was
personally opposed to the death penalty--which would
almost certainly cause him a problem with the Saddam
trial. Talabani added that he had been a lawyer who
had worked extensively with the International
Committee for the Red Cross.


9. (U) REO HILLA, REO BASRA, REO MOSUL, and REO
KIRKUK, minimize considered.


Satterfield